Warren v. Pilot Life Insurance

13 S.E.2d 609, 219 N.C. 368, 1941 N.C. LEXIS 328

• Court: Supreme Court of North Carolina
• Decided: March 26, 1941
• Status: Published

Opinion

Per Curiam.

This is the fourth appeal in this case. Former appeals are reported in 212 N. C., 354, 193 S. E., 293; 215 N. C., 402, 2 S. E. (2d), 17; and 217 N. O., 705, 9 S. E. (2d), 479, where the material facts are set forth.

The substantive evidence tending to show the circumstances under which deceased met his death offered in the trial below is substantially the same as that appearing in the record on the last appeal. There is no material variance. This evidence, considered in the light most favorable to tbe plaintiff, tends to show that the deceased suffered death as a result of a gunshot wound intentionally inflicted by another. If believed and accepted by the jury, when considered in connection with such evidence as tendered to contradict the same and to impeach the witness, it was such as to require a finding favorable to the defendant. The peremptory instruction given was in accord with the opinion in the former appeal reported in 217 N. C., 705, 9 S. E. (2d), 479.

In the judgment below there is

No error.

Devin, J., dissents for the reasons stated in former appeal. Clarkson and Sea well, JJ., concur in dissent.